Senate Bill No. 623
(By Senator Rowe)
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[Introduced February 17, 2003; referred to the Committee on the
Judiciary.]
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A BILL to amend article five, chapter forty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section one-a,
relating to providing record notice of a person's death by
filing a death certificate and will, if any, with the clerk of
the county commission without commencing the probate of the
estate.
Be it enacted by the Legislature of West Virginia:
That article five, chapter forty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section one-a,
to read as follows:
ARTICLE 5. PRODUCTION, PROBATE AND RECORD OF WILLS.
§41-5-1a. Record notice of a person's death by filing a death
certificate and will, if any.
Notwithstanding any provision of this code to the contrary, a
death certificate and a will, if any, of a person who was a
resident of the county or who owned property in the county at the
time of death,
may be filed with the clerk of the county
commission,
for the purposes of providing record notice of the
person's death. The filing of a death certificate and a will, if
any, does not commence probate of the person's estate.
NOTE: The purpose of this bill is to provide record notice of
a person's death by filing a death certificate and will, if any,
with the clerk of the county commission without commencing the
probate of the estate.
This section is new; therefore, strike-throughs and
underscoring have been omitted.